Sims v. Miller
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Third Division; A. F. House, Judge; The judgment for costs obtained by appellant against appellee in the Prairie Circuit -Court growing out of the same cause of action should have been allowed on appellant’s counterclaim.
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Appeal from Pulaski Circuit Court, Third Division; A. F. House, Judge; The judgment for costs obtained by appellant against appellee in the Prairie Circuit -Court growing out of the same cause of action should have been allowed on appellant’s counterclaim. C. & M. Dig. §§ 1195 and 1197; 74 Ark. 224; 134 Ark. 311. Appellee’s suit, which, was one on account, was barred by the three-year statute of limitations, the last payment on the account being on October 19, 1911, and the present suit being brought on May 31, 1916. 43 Ark. 275; 17 R. C. L. No. 171; 59 Am. Dec. 142; 60 Am. Dec. 253. The…
1Opinion of the CourtMcCulloch, C. J.
This litigation grows out of transactions between the -parties which began during the month of June, 1911, appellant residing at the town of Hazen, in Prairie County, Arkansas, and was there engaged in the business of selling and shipping hay, and appellees were engaged in business in Chicago, buying and selling hay. The communications between the parties which constitute the contract between them were conducted by letters and telegrams, and by that mode of communication appellant entered into an agreement to sell appellees 50 car-loads of hay of the best qualify at a stipulated price,…
2Cases cited16 opinions
- Love v. CahnSupreme Court of Arkansas · 1909
- Etheridge v. . WoodleySupreme Court of North Carolina · 1880
- Hallum v. DickinsonSupreme Court of Arkansas · 1886
- Mann v. UrquhartSupreme Court of Arkansas · 1909
- Church v. GallicSupreme Court of Arkansas · 1905
11 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Williams v. EdmondsonSupreme Court of Arkansas · 1975
- John B. Frey Co. v. S. Silk, Inc.Massachusetts Supreme Judicial Court · 1923
- Louisville Silo & Tank Co. v. ThweattSupreme Court of Arkansas · 1927
- Davis v. LawhonSupreme Court of Arkansas · 1932
- Yudin v. CarrollDistrict Court, W.D. Arkansas · 1944
22 more not listed; retrieve them via the Exa API.